Wednesday, February 20, 2013

BREAKING NEWS: Supreme Court: Padilla v, Kentucky Not Retroactive

This morning, the Supreme Court decided Chaidez v. United States.  Justice Kagan wrote for seven justices and ruled that Padilla v. Kentucky (2010) does not apply retroactively to cases already final on direct review.  Justice Sotomayor, joined by Justice Ginsburg, dissented.

In Padilla, the Court held that the Sixth Amendment requires defense attorneys to inform non-citizen clients of the deportation risks of guilty pleas.

For a preview of the issues in Chaidez v. United States before oral argument, click here.  I will be posting analysis of the Court's decision tomorrow.

KJ

http://lawprofessors.typepad.com/immigration/2013/02/breaking-news-supreme-court-padilla-v-kentucky-not-retroactive.html

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